CPSC Issues 4 Major Testing, Certification, Labeling Notices
The Consumer Product Safety Commission has published four significant and related notices on testing, certification and labeling of consumer products. According to CPSC sources, there were several amendments throughout the voting on October 19, but the finalized versions retained the general concepts of the drafts.
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The notices are on the following topics (see future issues of ITT for more detailed summaries):
Component part testing, certification. The first is a final rule, effective December 8, 2011, regarding the conditions and requirements for relying on testing or certification of either component parts of consumer products, or another party’s finished product, or both, to demonstrate, in whole or in part, compliance of a consumer product with all applicable rules, bans, standards, and regulations to support a children’s product certificate; as part of the standards and protocols for continued testing of children’s products; or to meet the requirements of any other rule, ban, standard, guidance, policy, or protocol regarding consumer product testing that does not already directly address component part testing. (here) (See ITT’s Online Archives 11092718 for summary of the draft version.)
Periodic additional testing of children’s products, all-product labeling. The second notice is a final rule, effective February 8, 2013 (affecting products manufactured after that date), that establishes protocols and standards with respect to certification and continued periodic testing for children’s products. The final rule also establishes requirements for labeling of consumer products to show that the product complies with the Consumer Product Safety Improvement Act of 2008 certification requirements. (here) (See ITT’s Online Archives 11092610 for summary of the draft version.)
Ways to reduce third-party test costs. The third notice is a request for comments, by approximately January 24, 2012, on ways to reduce the cost of the third party testing requirements for children’s products that are consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation. This request for comments is required by H.R. 2715, which became Public Law 112-28 in August 2011. (here) (See ITT’s Online Archives 11092920 for summary of the draft version.)
Representative testing. The last notice is a proposed rule that would amend CPSC’s regulations on testing and labeling pertaining to product certification. The proposed rule would address the testing of representative (instead of random) samples to ensure continued compliance of children’s products with all applicable rules, bans, standards, and regulations. The proposed rule also would establish a recordkeeping requirement associated with the testing of representative samples. The notice is required by H.R. 2715, which became Public Law 112-28 in August 2011. (here) (See ITT’s Online Archives 11092264 for summary announcing the draft proposed rule.)
(See ITT’s Online Archives 11102119 for summary of a CPSC press release and statements on these “monumental” notices.
See ITT’s Online Archives 11102008 for summary of CPSC’s October 19 vote to issue these notices after contentious debate on the first two notices.
See ITT’s Online Archives 11102829 for summary of Commissioner Northup saying the periodic test rule is "indefensible" and the component rule "sabotaged.")